Center for the Defence of the Individual - The Military Court released 'Abdallah Abu Rahma, a resident of Bil'in, from custody: Abu Rahma is among the prominent members of the local committee in his village, which has espoused a non-violent struggle against the building of the separation wall on village lands. He was arrested on the claim that he broke a curfew which had been imposed on the village in order to prevent the legitimate protest against the wall. The Court ordered his release and sharply criticized the military's conduct
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חזרה לעמוד הקודם
13.09.2005

The Military Court released 'Abdallah Abu Rahma, a resident of Bil'in, from custody: Abu Rahma is among the prominent members of the local committee in his village, which has espoused a non-violent struggle against the building of the separation wall on village lands. He was arrested on the claim that he broke a curfew which had been imposed on the village in order to prevent the legitimate protest against the wall. The Court ordered his release and sharply criticized the military's conduct

On 13 September 2005, the military court released Abdallah Abu Rahma from custody. Mr. Abu Rahma is a resident of the village of Bil'in, and a high school teacher with an extensive record of activism to promote human rights, understanding between the two peoples and just peace. Mr. Abu Rahma is among the prominent members of the local committee, which has espoused a non violent struggle against the building of the separation wall on village lands. The wall being built in the area of Bil'in has been used as a pretext to expropriate over half of the village lands. 

Weekly non violent demonstrations are held in Bil'in, attended by hundreds of residents and their supporters from Israel and abroad. The army has been taking increasingly harsh measures to suppress and prevent these protests. 

Abu Rahma was arrested on suspicion of breaking the curfew which had been imposed on the village on Friday, 9 September 2005, in the early morning hours. He was represented by an attorney from HaMoked: Center for Defence of the Individual. 

The military judge, Captain Daniel Kfir, who reviewed the detainee's request to be released on 13 September 2005, sharply criticized the military's conduct. He ruled that the purpose of the curfew imposed on the village was to prevent a legitimate demonstration, and that it violated the residents' right to freedom of speech and to lawful protest against the building of the wall. 

The judge also noted that the detainee's interrogation ended two days after his arrest, and that the military made no request to remand the detainee until the end of the proceedings, nor did it ask for time to file to file an indictment – which can only be granted if there is ostensible evidence against the accused. "It would appear that this is not the nature of the case before us," the judge stated, "and it is not permissible to trample the basic right of a suspect and hold him for several days without any legal cause." He ordered the military to release Abu Rahma on a personal bond. 

The military court also rejected the prosecution's request to delay the implementation of the decision to release Abu Rahma. "…the detainee has been incarcerated for three days without any real cause, while other persons who violated curfew on the same day have been released. In these unique circumstances, and in light of the rest of the arguments of the decision, I have not seen fit to accede to the request to delay implementation, and I reject this request", the judge concluded his decision.  

To view the military court's decision dated 13 September 2005 (Hebrew) 

To view the petition against the route of the separation wall to the west of Bil'in (Hebrew)

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